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Resisting Arrest

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D

dmoates

Guest
First if no element of the crime is satisfied on public intox because private property does not equal public intox -is this then false arrest? Next do you know if there is any case study on inability to form the capacity of specifically resisting arrest.
 


L

lawrat

Guest
Both of what you asked are under common law theories but should be codified in your state law.

Go to state law center at the homepages, click on state statutes, your state and check under either penal code or criminal code.

As to your question of false arrest -- yes it would be, it may even qualify for false imprisonment under color of authority.

As to your second question, it should be listed as a defense in the law and listed in case law (go to a local law library to have a librarian help you with this specific info)
 

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